Criminal executive law is a separate, independent industry. It arose in connection with the need for legal consolidation of relations that arose after a person was sentenced and to achieve the goals of criminal liability.
The concept of criminal executive law (hereinafter UIP)
This is a system of legal rules governing the process and procedure for the execution of criminal sentences imposed by a court.
Subject
The subject of UIP includes the establishment of:
- general principles and provisions for the enforcement of sentences;
- the order of work of all bodies and institutions that execute sentences;
- the procedure for the participation of state bodies, local governments, other organizations and citizens to correct convicts;
- conditions and procedure for serving sentences and their execution, the use of various means aimed at correcting convicted persons;
- application of other measures of criminal law provided for by the Criminal Code;
- the procedure for exemption from the punishment prescribed by the court and the provision of assistance to those released.
Method
For UIP, the most characteristic method is imperative, since the norms contained in the legislation are mainly of a coercive nature in connection with the inequality of the subjects of legal relations. Nevertheless, criminal enforcement law presupposes the use of a discretionary method, when the accountable person is given some freedom of choice; and a method of encouragement, when some restrictions can be removed, the punishment is replaced by a milder one.
The purpose and objectives of the UIP
Goals - correction of convicts to various punishments, prevention of crimes. They are enshrined in Article 1 of the PEC.
Achieving goals is achieved by solving the following tasks:
- regulation of conditions, order of serving and execution of sentences;
- determination of remedies;
- protection of the rights, freedoms of convicts, their legitimate interests;
- assistance in adaptation.
UIP system
Penal law includes general, special and special parts. The first defines the principles, tasks, goals, structure and system of legislation on the execution of sentences, the system of bodies and institutions executing sentences, the legal status of convicts. The second contains the conditions and procedure for the execution of all types of punishments, the procedure for release, the exercise of control over convicts and assistance to them. The special part includes cooperation of an international legal nature on the existing problems in connection with the execution of sentences.
Principles
- Humanism. Criminal executive law enshrines the rules prohibiting the use of violence, torture, and other cruel acts against convicts. Various improvements and benefits are provided for convicts who do not violate discipline and the established order. This motivates them to behave law-abiding, reduces their manifestations of discontent.
- Equality before the law. Persons serving one type of punishment are in an equal position regardless of race, nationality, religion, social status.
- Individualization and differentiation of the execution of sentences. Coercive measures and remedies must be applied rationally. The positive and negative aspects and qualities of a person are clarified. At different stages, convicts differentiate by state of health, age, family, profession, etc.
- Compounds of punishment and corrective action. That is, the conviction is attracted to work, training, initiative, etc.
- Democracy. Choice of the language of treatment, unhindered filing of complaints, etc.
Sources of Penal Law
Official documents of the competent authorities containing legal norms. The most important source is the Constitution, which, along with others, also contains penal standards. The main one is the PEC, which defines the goals and objectives, the principles of UIP, the types and system of penal institutions and other provisions. The sources include laws, decrees and decrees of the President, orders of the Government.